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Position Paper on Migrant and Refugee Children

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Position Paper on Migrant and Refugee Children POSITION PAPER ON MIGRANT AND REFUGEE CHILDREN IMPRINT: © 2016 SOS Children’s Villages International – All rights reserved Editorial office: SOS Children’s Villages International Brigittenauer Lände 50, 1200 Vienna, Austria @SOS_Advocates www.sos-childrensvillages.org 2 INTRODUCTION There are more people on the move today than ever before. According to recently published data, the number of international migrants reached 244 million1 in 2015, while the number of refugees was 21.3 million2. People forcibly displaced by war and persecution reached a record high of over 65 million3. A UNHCR report4 noted that on average in 2015, 24 people were forced to flee their homes every minute – four times more than 10 years ago. Large-scale movements of people involve highly diverse groups, which move for different reasons. Poverty, inequality, conflict, violence and persecution, natural disasters and climate change are the main causes for people leaving or fleeing home, amongst others. Until these root causes are addressed, real and permanent change will not happen. People on the move are entitled to universal human rights under any circumstance, just like everyone else. International law provides special protections5 to migrants, asylum seekers and refugees to ensure they can exercise such rights in countries of origin, transit or destination alike. In practice however, their rights are often violated and they are subjected to discriminatory and arbitrary treatment. Children are no exception to this, although the Convention on the Rights of the Child (A/RES/44/25, esp. § 22.1) places on States the duty to ensure that all children enjoy their rights, regardless of their migration status or that of their parents. The practice of holding migrant or refugee children in detention for weeks or months, reported in both de- veloping and more prosperous States, is only one example of child rights violations happening worldwide. Children are affected by migration in at least three ways: they move with their family; they migrate alone, without their parents or legal guardians; or they are left behind by migrant parents who have no other op- tion than going abroad to secure the means of subsistence for their family. In all these cases, children face specific challenges to the rights to special protection and care. Thus, it is vital that policy and programme responses to the movement of refugees and migrants include provisions that grant children the continuum of care and access to relevant support services. Only in this way can children continue to flourish amidst migration and be positively integrated in whatever community they live in. International NGOs like SOS Children’s Villages have decades of experience in supporting States and local communities to ensure quality care and protection for children in vulnerable situations, and increas- ingly in the context of large-scale mixed migration movements. SOS Children’s Villages member associa- tions operate in over 130 countries and territories to prevent unnecessary separation of children from their families; to provide practical support for children and their caregivers displaced from home, so that they can stay together whenever it is in the best interest of the child; to form partnerships lending our exper- tise in child care to governmental agencies and non-governmental organisations; and, to provide suitable alternative care options for unaccompanied and separated6 children whenever necessary and appropriate, in the spirit of the Guidelines for the Alternative Care of Children (A/RES/64/142). 1 United Nations, Population Division, Department of Economic and Social Affairs (UN DESA), International Migration Report 2015. 2 United Nations High Commissioner for Refugees (UNHCR), Statistical Data Sets. 3 United Nations High Commissioner for Refugees (UNHCR), Global Trends. Forced Displacement in 2015. 4 Ibid. 5 For example, under the 1951 Refugee Convention and 1967 Protocol, and the 1990 Convention on the Protection of the Rights of All Mi- grant Workers and Members of their Families, they are entitled to protection from persecution and inhuman treatment and have the right to a dignified reception and not to be detained arbitrarily. 6 Separated children: children who are victims of emergency situations are separated from a previous legal or customary caregiver, but who may nevertheless be accompanied by another relative. Unaccompanied children: children who are victims of emergency situations and are not cared for by another relative or an adult who by law or custom is responsible for doing so. (UN Guidelines for the Alternative Care of Children, A/RES/64/142, §29, i and ii). 13 RECOMMENDATIONS In order to ensure that children continue to receive appropriate treatment and care, regardless of their migration status or that of their parents, and in line with international standards, SOS Children’s Villages recommends taking the following actions: 1. Treat children as children, regardless of their migration status or that of their caregivers United Nations Member States must explicitly prioritise the rights and best interests of children before any other political or administrative consideration. State Parties must affirm clearly that under no cir- cumstance is it acceptable that children end up alone, destitute, on the street, in detention, in squalid camps or any other inhumane condition. Child-sensitive and child-centred approaches, recognising that children should always be treated in respect of their universal human rights and case by case ac- cording to their specific needs as individuals, must be mainstreamed in all Member States’ laws, poli- cies, practices, procedures and monitoring systems that involve migrant and refugee children. 2. Grant safe regular channels for migrants and refugees United Nations Member States must prioritise saving lives by expanding safe regular channels for migrants and refugees, including resettlement. This will ensure that more migrants and refugees are no longer forced to rely on smugglers and can move towards their destinations in human conditions, without risking their lives or the lives of their children. 3. Enhance cross-country cooperation, and cooperation between governmental and non-governmental actors, to prevent and combat any form of violence against children, regardless of their migration status States should enhance international cooperation, among countries and with NGO partners, to detect and prevent trafficking and all forms of violence, abuse and exploitation of children. This is particu- larly rife in mixed migration contexts, especially when children are unaccompanied or separated from their primary caregivers and are more easily subjected to physical attacks, robberies, criminal groups’ activities and other dangers during their journey. States must also grant special assistance to children who were victims of violence, regardless of their migration status, and ensure they have timely access to relevant health and psychological rehabilitation services. 4. End immigration detention of children and their caregivers Many of our member associations have reported detention of migrant children and families because of lack of documents to enter or remain in a transit or destination country. This practice is to be con- 24 sidered a form of violence against children7, because it discriminates and criminalises children on the basis of their migration status, and threatens children’s health and development. Among other things, detention exposes children to abuse and neglect, denies their access to good education and relevant services, and undermines children’s psychological and physical well-being, with negative long-lasting impact on their cognitive development. SOS Children’s Villages urges States to end immigration detention of children, consistent with their Convention on the Rights of the Child obligations; and to replace this practice with non-custodial, community-based alternatives, in which children can live together with their parents or primary car- egivers (principle of family unity) while authorities complete their immigration status assessment. When children are unaccompanied or separated, States should provide a range of alternative care ar- rangements that fulfil children’s needs and best interests, such as family and community-based solutions. 5. Ensure that human rights and basic needs of migrant and refugee children are met Children form a considerable part of large population movements. According to recent estimates on refugees, 51% are children (UNHCR, 2016). Poor and unsafe conditions in mixed migration contexts can have traumatic effects on children’s health, psychological recovery and long-term development, which can be mitigated if adequate child care and protection responses are put in place timely. While recognising that States have a right to control their borders, SOS Children’s Villages calls on all countries to ensure that their border management policies do not prevent access to international protection. States as well as regional and local authorities should cooperate among each other and with non-governmental partners to ensure food, shelter, sanitation, medical care, education, and child friendly spaces. Moreover, greater investment should be put in psychological rehabilitation and emo- tional care: this should be provided case by case to all children in need – especially those unaccompa- nied or separated – but also to their caregivers. 6. Protect every child’s right to quality care, regardless of migration status
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